25.3.2014   

EN

Official Journal of the European Union

C 86/2


Opinion of the Advisory Committee on restrictive agreements and dominant position given at its meeting of 12 December 2013 regarding a draft decision relating to Case COMP/C.39678/39731 — Deutsche Bahn

Rapporteur: Italy

2014/C 86/02

1.

The Advisory Committee shares the competition concerns set out by the Commission in its draft decision.

2.

The Advisory Committee shares the Commission's assessment under Article 102 of the Treaty on the Functioning of the European Union (‘TFEU’) in its draft decision.

3.

The Advisory Committee agrees with the Commission that the proceedings can be concluded by means of a decision pursuant to Article 9(1) of Regulation (EC) No 1/2003.

4.

The Advisory Committee agrees with the Commission that the commitments offered by Deutsche Bahn are suitable, necessary and proportionate.

5.

The Advisory Committee agrees with the Commission that, in light of the commitments offered by Deutsche Bahn, there are no longer grounds for action by the Commission, without prejudice to Article 9(2) of Regulation (EC) No 1/2003.

6.

The Advisory Committee recommends the publication of its opinion in the Official Journal of the European Union.